Read the full judgment text of CACV 82/2023 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 13 June 2025 before Hon Cheung JA, Hon Barma JA and Hon Anthony Chan J.
Costs — Appeal on contractual payment terms — Whether costs order nisi should be varied — SF’s appeal allowed, reversing trial judgment which required SF to pay TREVI overpayment — Key issue was construction of Item 18 (pay when paid clause) resolved in SF’s favour — Claims remitted to trial court for quantification — TREVI argued for partial costs based on success on idling and acceleration claims and a Calderbank offer made pre-trial — Court held TREVI’s success on idling and acceleration claims was insufficient to displace the general rule that costs follow the event and no substantial cost increase warranting deviation was found — Pre-trial Calderbank offer not revived, no basis to revisit costs order — Application to vary costs order dismissed, costs to SF, no 2 counsel certificate granted.
Legal issues: Costs order variation application
Outcome: Application to vary the costs order nisi dismissed; costs to SF, to be taxed if not agreed
Cited by 1 case · Cites 3 cases